Abbott v. Gruner
Michigan Supreme Court
Appeal from Bay; Maxwell, J. Bill by Fred M. Abbott against Leonhard G-runer and Caroline P. Ellis, executors of the last will and testament of Joseph.J. Ellis, deceased, to have a deed declared to be a mortgage. From a decree for complainant, defendants appeal.
1Opinion of the CourtLong, J.
This bill was filed to have an absolute deed declared to be an equitable mortgage. The bill called for an answer under oath. Defendants filed a sworn answer, denying all the material allegations in the bill, and claiming the benefit of a cross-bill.
It appears that Austin Abbott and wife, on July 6, 1886, gave a mortgage to Joseph J. Ellis, for $3,500, on lots 9, 10, and 12, and a part of lot 11, of R. H. Weideman & Co.’s First addition to the village of West Branch. The mortgage was to be paid, $1,000 in three years, $1,000 *141in four years, and $1,500 in five years, with interest at 10 per…
2Cases cited2 opinions
- Tilden v. StreeterMichigan Supreme Court · 1881
- Etheridge v. WisnerMichigan Supreme Court · 1891
3Cited by2 opinions
- Rubenstine v. PowersMichigan Supreme Court · 1921
- Smith v. NixonMichigan Supreme Court · 1906